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In early April last year, we reported on the decision of the UK High Court in design infringement proceedings brought by the retailer M&S against fellow supermarket Aldi, relating to a gin bottle.

Over recent years, antibodies have become increasingly important as therapeutic drugs and large numbers of patent applications are filed in this area (>1000 granted by the European Patent Office (EPO) in 2019).

The Enlarged Board of Appeal has issued a landmark decision in case G 1/25 addressing whether European patent descriptions must be amended to align with claim amendments during prosecution and opposition proceedings. This decision establishes a new two-part test for determining when description adaptation is required, potentially relaxing the EPO's historically strict approach to formal concordance between claims and descriptions.

The European Patent Office (EPO) uses oral proceedings as a means to bring pre-grant examination and post-grant opposition proceedings to a close. Oral proceedings will be appointed when the EPO

On 14 May 2020, the EPO's enlarged board of appeal issued its decision in case G3/19 ("Pepper").

The present situation in the UK originates from Actavis UK Ltd v Eli Lilly & Co [2017] UKSC 48...

European Patent Office (EPO) opposition procedure comprises two parts: opposition division (first instance), and, if relevant, appeal.

On 11 June 2015, the Opinion of Advocate General Wathelet was delivered, with the decision of the CJEU handed down on 16 September 2015.

The issue of "double patenting" arises in the EPO when one applicant files two European patent applications with closely related claims and the same effective filing date.

An orphan drug, or orphan medicinal product, is a medicine that is developed to treat a rare disease, defined as a disease affecting a relatively small number of people as a proportion of the population.

Parameters are generally used in patent claims to define subject matter which cannot be expressed in terms of structural features.

A systematic answer to these questions is provided by a patent strategy. A patent strategy is part of an overall intellectual property (IP) strategy.

The European Patent Office (EPO) applies the same basic patentability criteria to antibodies as to other inventions, but it can sometimes appear that antibodies are treated as a special case.

As 120 global leaders meet in Glasgow for COP26 we take a look at a potential game-changer in the race to find alternatives to fossil fuels.

Article 53(c) EPC specifies various patentability exclusions, including "diagnostic methods practised on the human or animal body".

The CJEU has today issued its long-awaited decision in Joined Cases C-119/22 (Teva) and C-149/22 (Merck), relating to the criteria for assessing the availability of SPCs...

Article 53(c) EPC specifies a number of exceptions to patentability in the field of medicine, including "methods for the treatment of the human or animal body by surgery".

You may discover or suspect that someone is infringing one or more of your IP (intellectual property) rights. It could be a patent at the core of your business, a trade mark protecting your main brand or an important product design.